Indiana. 
Circuit  Court  (Wayne  Co.) 


Decision  of  Judge  Eugene  H. 

Bujidy  in  the  third  full 

trial  of  the  case  of  the 

Church  of  the  United 

Bretliren  in  Christ  vs. 

the  seceders  from  said 

church 


3X9573 
A5I3 


Of 


NOV  16  1950  ^ 


3)(B875 
.A513 


ldLibrar7       .A  51 3 


Decision  of  Judge  [ugene  H,  B 


THIRD  FULL  TRIAL 


OF   THE    CASE    OF    THE 


Church  of  the  United  Brethren  in  Christ 


vs. 


THE  SECEDERS  EROM  SAID  CHURCH. 


/ 


Ma^ne  Circuit  Court, 


.^RICHMOND,   WAYNE  COUNTY,  INDIANA, 


Jjme  23 -July  11,  i8go. 


DAYTON,  OHIO: 
United  Brethren  Publishing  House, 


,M\\  18i5'25 


Decision  of  Jodge  K  H.  Bundy. 


Milton  Cain,  Alvis  Menden- 
HALL,  Daniel  W.  Harris,  Sam- 
uel A.  Moore,  Isaac  Love, 

vs. 

Charles  Lamb,  Lewis  Oler, 
Adam  Howard,  Andrew  J. 
Bolen,  Zedekiah  McNew, 


Wayne  Circuit  Court, 
State  of  Indiana, 
CaseN^o.  8,268. 


Eugene  H.  Bundy,  Judge. 


Having"  been  requested  by  the  defenduiits  in  the 
above  entitled  cause  to  make  a  special  finding  of  the 
facts  proved  in  said  cause,  with  my  conclusions  of  law 
thereon,  I  find  as  follows  : — 

That  at  the  time  this  action  was  brought,  the  Church 
of  the  United  Brethren  in  Christ  was  an  organized  re- 
ligious society  in  the  United  States,  having  official 
bodies  for  the  government  of  the  Church,  its  members, 
congregations,  and  officers  ;  each  being  clothed  with 
certain  powers,  as  follows: — 

First.  The  Official  Board  of  each  congregation,  which 
meets  monthly,  and   transacts    the    business    of  the  con- 


gregatious.  It  consists  of  the  recognized  preachers, 
exhorters,  leaders,  stewards,  trustees,  and  Sunday-school 
superintendents  who  reside  within  the  bounds  of  the 
congregation,  or  hold  membership  therein. 

Second.  The  Quarterly  Conference,  composed  of  the 
presiding  elder  of  the  district,  and  the  preacher  in 
charge,  and  recognized  preachers,  exhorters,  class  lead- 
ers and  stewards,  trustees  and  Sunday-school  superin- 
tendents, who  reside  within  the  district  or  hold 
membership  therein.  It  meets  quarterly,  and  among 
other  things  appoints  trustees  of  the  meeting-houses, 
who  hold  during  the  pleasure  of  the  Quarterly 
Conference. 

Third.  The  Annual  Conference,  which  meets  yearly,  is 
composed  of  the  elders  and  licentiate  preachers  who  have 
been  received  by  the  Annual  Conference  in  each  district, 
and  is  presided  over  by  a  bishop  of  the  Church. 

Fourth.  The  General  Conference,  which  meets  every 
four  years,  composed  of  elders,  elected  by  the  church 
members  in  every  conference  district  throughout  the 
society. 

The  Official  Board  is  subordinate  to  the  Quarterly  Confer- 
ence; the  Quarterly  Conference  to  the  Annual  Conference, 
and  the  Annual  to  the  General  Conference,  the  last  being 
the  highest  legislative  and  judicial  body  of  the  Church. 

I  further  find  that  some  time  prior  to  the  year  1800,  the 
Church  of  the  United  Brethren  in  Christ  was  organized  as 
a  religious  society.  No  General  Conference  of  the  Church 
was  held  until  1815,  when,  on  the  6th  of  June  of  that  year, 
tlie  first  General  Conference  was  held  at  Mt.  Pleasant,  in 


Pennsylvania,  in  pursuance  of  a  call,  which  had  before  that 
time  been  made.  This  Conference  formulated  a  Discipline, 
which  contained  the  rules  and  doctrine,  or  Confession  of 
Faith,  of  the  Church,  which  Confession  of  Faith  was  as 
follows  : — 

OLD  CONFESSION  OF  FAITH. 

In  the  uame  of  God  we  declare  and  confess  before  all  men,  that  we 
"believe  in  the  only  true  God,  the  Father,  the  Son,  and  the  Holy  Ghost ;  that 
these  three  are  one— the  Father  in  the  Son,  the  Son  in  the  Father,  and 
the  Holy  Ghost  equal  in  essence  or  being  with  both ;  that  this  triune 
God  created  the  heavens  and  the  earth,  and  all  that  in  them  is,  visible  as 
well  as  invisible,  and,  furthermore,  sustains,  governs,  protects,  and  sup- 
ports the  same. 

We  believe  in  .Jesus  Christ ;  that  he  is  very  God  and  man ;  that  he 
became  incarnate  by  the  power  of  the  Holy  Ghost  in  the  Virgin  Mary, 
and  was  born  of  her;  that  he  is  the  Savior  and  Mediator  of  the  whole 
human  race,  if  they  with  full  faith  in  him  accept  the  grace  proffered  in 
Jesus ;  that  this  Jesus  suffered  and  died  on  the  cross  for  us,  was  buried, 
arose  again  on  the  third  day,  ascended  into  heaven,  and  sitteth  on  the 
right  hand  of  God,  to  intercede  for  us ;  and  that  he  shall  come  again  at 
the  last  day,  to  judge  the  quick  and  the  dead. 

We  believe  in  the  Holy  Ghost;  that  he  is  equal  in  being  with  the 
Father  and  the  Son,  and  that  he  comforts  the  faithful,  and  guides  them 
into  all  truth. 

We  believe  in  a  holy  Christian  Church,  the  communion  of  saints,  the 
resurrection  of  the  body,  and  life  everlasting. 

We  believe  that  the  Holy  Bible,  Old  and  New  Testaments,  is  the  word 
of  God ;  that  it  contains  the  only  true  way  to  our  salvation ;  that  every 
true  Christian  is  bound  to  acknowledge  and  receive  it  with  the  influence 
of  the  Spirit  of  God,  as  the  only  rule  and  guide ;  and  that  without  faith 
in  Jesus  Christ,  true  repentance,  forgiveness  of  sins,  and  following  after 
■Christ,  no  one  can  be  a  true  Christian. 

We  also  believe  that  what  is  contained  in  the  Holy  Scriptures,  to-wit: 
the  fall  in  Adam  and  redemption  through  Jesus  Christ,  shall  be  preached 
throughout  the  world. 

We  believe  that  the  ordinances,  viz. :  baptism  and  the  remembrance 
of  the  sufferings  and  death  of  our  Lord  Jesus  Christ,  are  to  be  in  use 
and  practiced  by  all  Christian  societies ;  and  that  it  is  incumbent  on  all 


6 

■  tlie  chiklren  of  Tiod  partteularly  to  pfactiee  them ,  but  the  niannei  in 
which  ought  always  to  be  left  to  the  judgment  and  understanding  of 
every  individual.  Also  the  example  of  washing  feet  is  left  to  the  judg- 
ment of  everyone,  to  practice  or  not;  but  it  is  not  becoming  of  any 
of  our  preachers  or  members  to  traduce  any  of  their  brethren  whose 
judgment  and  understanding  in  these  respects  is  diflerent  from  their 
own,  either  in  public  or  private.  AVhosoever  shall  make  hiuisolf  guilty 
in  this  respect,  shall  be  considered  a  traducer  of  his  brethren,  and  shall 
be  answerable  for  the  same. 

This  Confession  of  Faith  was  never  submitted  for  ratifi- 
cation or  adoption  to  a  vote  of  the  members  of  the  Church, 
but  became  the  Confession  of  Faith  and  doctrine  of  the 
Church  by  reason  of  its  adoption  by  the  delegates  to  this 
General  Conference,  and  as  such  it  remained  until  the 
meeting  of  the  General  Conference  held  in  May,  1889. 

That  after  this  Conference  of  1815,  General  Conferences 
were  held  at  intervals,  and  in  the  year  1837,  at  the  Gen- 
eral Confereaice  held  at  Germantown,  Ohio,  a  constitu- 
tion was  presented  to  the  Conference  by  William  R. 
llhinehart,  the  secretary  of  the  Conference,  which,  after 
deliberation  and  discussion,  was  unanimously  adopted  by 
the  Conference  as  the  Constitution  of  the  Church.  This 
was  the  first  Constitution  of  the  Church.  This  Conference, 
by  its  secretary,  issued  the  following  circular,  by  order  of 
the  General  Confei'ence,  to  the  members  of  the  Church: — 

CIRCULAR. 

To  (he  Members  of  the  ClntrcJi  of  Uw   VniUil  Birllnrn    hi.    Chrid  throiujJiout 
these   United  States: 

Dear  brethren,  by  whose  authority  we,  as  a  Cieneral  Conference,  have 
been  authorized  to  legislate  on  matters  iiertaining  to  the  goverim)ent  of 
our  Church,  and  having  long  since  been  convinced  of  the  great  necessity 
of  a  constitution  for  the  better  regulation  thereof,  have,  by  unanimous 
consent,  framed  and  established  the  foregoing.     We  are  well  aware  that 


we  have  transcended  the  bounds  given  us  by  our  Discipline,  which  will 
be  found  in  the  constitution,  Article  IV.,  Section  2,  declaring  that  the 
said  constitution  can  neither  be  altered  nor  amended  without  a  majority 
of  two-thirds  of  a  General  Conference.  If  there  had  been  a  general 
notice  given  to  the  Church  previoiis  to  the  election  of  delegates  that 
there  would  be  a  memorial  offered  to  General  Conference,  praying  them 
to  adopt  a  constitution,  and  to  ratify  it  agreeably  to  Article  IV.,  Section 
2,  then  the  General  Conference  would  have  had  full  power  to  have  done 
so.  The  object  of  this  circular  is  ( feeling  that  the  government  of  our 
Church  is  not  as  firm  as  it  ought  to  be )  to  give  notice  to  our  Church 
throughout  the  Union  that  we  intend  to  present  a  memorial  to  the  next 
General  Conference,  praying  them  to  ratify  the  constitution  now 
ADOPTED,  according  to  Article  IV.,  Section  2,  in  testimony  of  our  ardent 
desire  for  the  welfare  of  our  Church,  and  the  general  spread  of  the  gospel. 

AVritten  by  order  of  General  Conference,  German  town,  Ohio,  May 
12th,  1837. 

Signed  in  behalf  of  the  same,  by 

William  R.  Rhinehart,  Sec'y. 

Article  IV.  of  this  Constitution  was  as  follows : — 

Section  1.  If,  at  any  time  after  passing  of  this  constitution,  it  should 
be  contemplated  either  to  alter  or  amend  the  same,  it  shall  be  the  priv- 
ilege of  any  member  in  the  society  to  publish,  or  cause  to  be  published, 
such  contemplation  at  least  three  months  before  the  election  of  delegates 
to  the  General  Conference. 

Section  2.  No  General  Conference  shall  have  the  power  to  alter  or 
amend  the  foregoing  constitution,  except  it  be  by  a  vote  of  two-thirds  of 
that  body. 

The  next  General  C(3nferenee  met  in  Pickaway'  County, 
Ohio,  on  the  10th  day  of  May,  1841.  This  Conference  did 
not  ratify  the  constitution  adopted  by  the  preceding  Gen- 
eral Conference,  but  adopted  another  constitution.  A 
motion  was  made  in  the  Conference  that  a  constitution 
for  the  better  government  of  the  Church  be  adopted.  On 
the  following  day  the  motion  for  a  constitution  was  called 
up,  a  spirited  discussion  ensued,  the  vote  was  taken,  and 
carried  in  favor  of   a  constitution;  yeas  15,  nays  7.     On 


motion  a  committee  of  nine — one  from  each  conference 
district — was  appointed  to  draft  a  constitntion.  This 
Committee  reported  a  constitution,  which  was  read  twice, 
and  hiid  upon  the  table  until  the  following  morning,  when 
it  was  read  a  third  time  by  sections,  and  adopted.  This 
constitution  was  as  follows: — 

CONSTITUTION  OF  1841. 

AVe,  the  members  of  the  Chukcii  of  the  United  Bijethke.v  ix  Chuist, 
in  the  name  of  God,  do,  for  the  perfecting  of  the  saints,  for  the  work  of 
the  ministry,  for  the  edifying  of  the  body  of  Christ,  as  well  as  to  produce 
and  secure  a  uniform  mode  of  action,  in  faith  and  practice,  also  to  define 
the  powers  and  the  business  of  quarterly,  annual,  and  general  confer- 
ences, as  recognfzed  by  this  Church,  ordain  the  following  articles  of 
Constitution : — 

ARTICLE  I. 

Sec.  1.  All  ecclesiastical  power  herein  granted,  to  make  or  repeal  any 
rule  of  discipline,  is  vested  in  a  general  confei-ence,  which  shall  consist 
of  elders,  elected  by  the  members  in  every  conference  district  through- 
out the  society;  provided,  however,  such  elders  shall  have  stood  in 
tliat  capacity  three  years,  in  the  conference  district  to  which  they  belong. 

Sec.  2.  General  Conference  is  to  be  held  every  four  years;  the  bishops 
to  be  considered  members  and  presiding  officers. 

Sec.  3.  Each  annual  conference  shall  place  before  the  society  the 
names  of  all  the  elders  eligible  to  membership  in  the  General  Con- 
ference. 

ARTICr.E  II. 

Seel.  The  (Jeneral  Conference  shall  define  the  l)oundaries  of  the 
annual  conferences. 

Sec.  2.  The  General  Conference  shall,  at  every  session,  elect  l)ishops 
from  among  the  elders  throughout  the  Church,  who  have  stood  six  years 
in  that  capacity. 

Sec.  3.  The  l)usiness  of  each  annual  conference  shall  be  done  strictly 
according  to  Discipline;  and  any  annual  conference  acting  contrary 
thereunto,  shall,  by  impeachment,  be  tried  by  the  General  Conference. 

Sec.  4.  No  rule  or  ordinance  shall  at  any  time  be  passed,  to  change  or 
do  away  the  Confession  of  Faith  as  it  now  stands,  nor  to  destroy  the 
itinerant  jilan. 


9 

Sec.  5.  There  shall  no  rule  be  adopted  that  will  infringe  upon  the 
rights  of  any  as  it  relates  to  the  mode  of  baptism,  the  sacrament  of  the 
Lord's  supper,  or  the  washing  of  feet. 

Sec.  6.  There  shall  be  no  rule  made  that  will  deprive  local  preachers 
of  their  votes  in  the  annual  conferences  to  which  they  severally  belong. 

Sec.  7.  There  shall  be  no  connection  with  secret  combinations,  nor 
shall  involuntary'  servitude  be  tolerated  in  any  way. 

Sec.  8.     The  right  of  appeal  shall  be  inviolate. 

AETICLE  III. 

The  right,  title,  interest,  and  claim  of  all  property,  whether  consisting 
in  lots  of  ground,  meetingdiouses,  legacies,  bequests,  or  donations  of  any 
kind,  obtained  by  purchase  or  otherwise,  by  any  person  or  persons,  for 
the  use,  benefit,  and  behoof  of  the  Church  of  the  United  Brethren  in 
Christ,  is  hereby  fully  recognized  and  held  to  be  the  property  of  the 
Church  aforesaid. 

ARTICLE  IV. 

There  shall  be  no  alteration  of  tlie  foregoing  constitution,  unless  by 
recpiest  of  two-thirds  of  the  whole  society. 

This  Constitution,  together  with  the  Confession  of  Faith 
which  had  before  that  time  been  adopted,  was  printed  in 
the  Discipline  of  that  year,  and  in  each  succeeding  Disci- 
pline up  to  the  year  1889.  I  further  find  that  this  Consti- 
tution was  never  submitted  to  the  members  of  the  Church 
for  their  approval  or  disapproval,  but  went  into  force  im- 
mediately by  virtue  of  its  adoption  by  said  General  Con- 
ference, and  thus  became  the  organic  law  of  the  Church, 
and  so  remained  until  May  13th,  1889. 

General  Conferences  of  the  Church  were  held  every  four 
years  from  1841  up  to,  and  including,  -the  year  1889,  when 
the  last  one  prior  to  this  suit  was  held. 

I  further  find  that  on  the  9th  day  of  January,  1849,  one* 
John  Brown  was  the  owner  in  fee  simple  of  the  following 
described   real    estate,  situated  in  Wayne  County,  Indiana, 
to-wit: — 

[Here  folloins  a  description  of  the  real  estate^ 


.    10 

And,  that  on  that  day  lie  executed  a  deed  of  conve}- 
ance  for  said  real  estate,  (lonatin<i-,  giving-,  and  granting  to 
Andrew  Xicholson,  Elias  Lamb,  Kathan  Wilson,  and 
Jesse  W.  Brooks,  trustees,  and  to  their  successors  in 
office,  in  trust  for  the  Church  of  the  United  Brethren  in 
Christ,  to  have  and  to  hoKl,  the  west  half  of  said  real  es- 
tate forever,  without  any  exception  whatever,  and  the  east 
half  thereof  "as  long  as  said  society,  or  the  citizens  of  the 
neighborhood,  may  continue  to  use  the  meeting-house  as 
a  house  of  religious  worship  for  the  use  of  the  members  of 
the  society  of  the  United  Brethren  Church  in  the  United 
States,  according  to  the  rules  and  Discipline  which  from 
time  to  time  may  be  agreed  upon  and  adopted  by  the 
Church  at  their  General  Conferences  in  the  United  States, 
and  in  further  trust  and  confidence  that  they  shall  at  all 
times  forever  hereafter  permit  such  ministers  and  preachers 
belonging  to  the  said  Church  as  shall  from  time  to  time 
be  duly  authorized  by  the  said  General  Conferences  to 
preach  and  expound  God's  holy  word  therein  *  *  *." 

At  the  dafe  of  this  deed  there  was,  and  ever  since  has 
been,  a  meeting-house  on  said  land,  used  for  the  purpose 
of  religious  worship  by  a  congregation  of  members  of  the 
Church  of  the  United  Brethren  in  Christ.  It  is  known  as 
"Sugar  Grove  Church,"  and  is  under  the  jurisdiction  and 
control  of  Williamsburg  Circuit,  White  River  Annual 
Conference,  said  White  TiiNor  Annual  Conference  1)eing 
under  the  jurisdiction  and  control  of  the  General  Confer- 
ence of  the  Church  of  the  United  Brethren  in  Christ. 
The  legal  title  to  said  real  estate  has  been  iield  and  owned 
by  the  trustees  mentioned  in  saiddectl,  and  their  successors 


11 

in  office  duly  elected  and  appointed,  from  the  date  of  said 
deed  to  the  date  of  the  bringing  of  this  suit. 

I  further  tind  that  a  regular  General  Conference  of  the 
Church  was  held  at  Fostoria,  Ohio,  in  Maj^,  1885,  composed 
of  delegates  duly  and  regularly  chosen  under  the  rules  and 
regulations  of  the  Church  provided  therefor.  At  this 
Conference,  on  the  second  day,  a  Committee  on  Revision, 
consisting  of  thirteen  members,  known  and  designated  as 
*'  Committee  ^o.  Six,"  was  appointed,  to  which  were  re- 
ferred the  Confession  of  Faith,  Constitution,  and  Section  3 
of  Chapter  X,  of  the  Discipline.  At  a  later  day  in  the 
Conference  this  committee  made  a  report,  in  wdiich  it  was 
resolved  that  a  Church  Commission,  composed  of  twenty- 
seven  persons,  be  authorized  and  established,  consisting  of 
the  bishops  of  the  Cluirch,  and  ministers  and  laymen, 
appointed  and  elected  by  that  General  Conference,  an  equal 
number  from  each  Bishop's  District, — except  that  the  Pacific 
District  should  have  two  members  besides  its  bishop;  that 
the  duties  and  powers  of  this  Commission  shall  be  to  con- 
sider the  i^resent  Confession  of  Faith  and  Constitution  of 
the  Church,  and  prepare  such  a  form  of  belief,  and  such 
amended  fundamental  rules  for  the  government  of  the 
Church  as  will,  in  their  judgment,  be  best  adapted  to 
secure  its  growth  and  efficienc}'  in  the  work  of  evangeliz- 
ing the  world.  Provided,  First,  that  the  Commission  shall 
preserve  unchanged  in  substance  the  present  Confession  of 
Faith  so  far  as  it  is  clear.  Second,  that  it  shall  also  retain 
the  present  itinerant  plan.  Third,  that  it  shall  keep  sacred 
the  general  usages  and  distinctive  principles  of  the  Church 
on  all  great  moral   reforms  as  sustained  by  the  Word  of 


.  12 

God  in  so  far  as  the  province  of  their  work  may  toucb 
them.  The  report  further  provided  that  a  niajority  vote 
of  the  Commission  should  be  necessary  for  the  adoption 
of  a  Confession  of  Faith  and  Constitution  for  submission 
to  the  members  of  the  Church;  that  the  Commission 
should  meet  at  such  time  and  place  as  the  Board  of 
Bishops  might  appoint,  and  was  expected  to  complete  its 
work  by  January  1,  1886;  that  the  Commission  should 
adopt,  and  cause  to  be  executed,  a  plan  by  wliich  the  pro- 
posed Confession  of  Faith  and  Constitution  might  receive 
the  largest  possible  attention,  and  expression  of  approval 
or  disapproval  by  the  people  of  the  Church,  including  all 
necessary  regulations  for  taking,  counting,  and  reporting 
the  vote;  and  that  when  the  result  of  the  vote  of  the 
Church  shows  that  two-thirds  of  all  the  votes  cast  have 
been  given  in  approval  of  the  proposed  Confession  of  Faith 
and  Constitution,  it  should  be  the  duty  of  the  bishops  to 
publish  and  proclaim  said  result  through  the  official  organs 
of  the  Church;  whereupon  the  Confession  of  Faith  and 
Constitution,  thus  ratified  and  adopted,  should  become  the 
fundamental  belief  and  organic  law  of  the  Church. 

I  further  find  that  this  report  was  signed  by  eleven  of 
the  thirteen  members  of  the  committee,  and  also  that 
there  was  a  report  signed  by  the  same  members  of  the 
committee  recommending  a  law  on  the  subject  of  secret 
combinations  to  take  the  place  of  Section  3  of  Chapter 
X.  of  the  Discipline  on  that  subject.  A  minority  of  the 
committee,  consisting  of  two  members,  joined  in  a  minor- 
ity report  denying  the  authority  of  the  General  Conference 
to  alter  or  amend  the  Constitution  of  the  Church  without 


13 

first  securing  the  consent  of  the  members  of  the  Church 
by  a  two-thirds  vote.  The  majority  report  was  adopted  by 
the  Conference,  and  on  a  subsequent  day  of  the  Confer- 
ence the  members  of  the  Church  Commission  were  chosen, 
as  provided  for  in  the  report. 

I  further  find  that  in  pursuance  of  this  actiou  of  tlie 
Oeneral  Conference,  this  Church  Commission  so  chosen 
met  in  Dayton,  Ohio,  on  the  17th  day  of  November,  1885, 
and  formulated  a  Confession  of  Faith  and  amended  Con- 
stitution, to  be  submitted  to  the  members  of  the  Cliurch 
for  their  approval  or  rejection,  said  revised  Confession  of 
Faith  and  amended  Constitution  being  as  follows: — 

REVISED  CONFESSION  OF  FAITH. 

In  the  name  of  God,  we  declare  and  confess  before  all  men  the  follow- 
ing articles  of  our  belief : — 

ARTICLE  I. 

OF    GOD    AND    THE    HOLY    TRIXITY. 

We  believe  in  the  only  true  God,  the  Father,  the  Son,  and  the  Holy 

Ghost;  that  these  three  are  one— the  Father  in  the  Son,  the  Son  in  the 

Father,  and  the  Holy  Ghost  equal  in  essence  or  being  with  the  Father 

and  the  Son. 

ARTICLE  11. 

OF   CREATION    AND    PROVIDENCE. 

We  believe  this  triune  God  created  the  heavens  and  the  earth,  and  all 

that  in  them  is,  visible  and  invisible ;  that  he  sustains,  protects,  and  gov- 

■erns  these  with  gracious  regard  for  the  welfare  of  man,  to  the  glory  of  his 

Bame. 

ARTICLE  III. 

OF   JESUS   CHRIST. 

We  believe  in  Jesus  Christ ;  that  he  is  very  God  and  man ;  that  he 
became  incarnate  by  the  power  of  the  Holy  Ghost  and  was  born  of  the 
Yirgin  INlary ;  that  he  is  the  Savior  and  Mediator  of  the  whole  human 
race,  if  they  with  full  faith  accept  the  grace  proffered  in  Jesus ;  that  this 
Jesus  suflfered  and  died  on  the  cross  for  us,  was  buried,  rose  again  on  the 


14 

third  (lay,  ascended  into  heaven,  andsitteth  on  the  right  hand  of  God,  to 
intercede  for  us;  and  that  he  will  come  again  at  the  last  day  to  judge  the 
living  and  the  dead. 

ARTICLE  IV. 

OF    THE    HOLY    CmOST. 

AVe  believe  in  the  Holy  Ghost;  that  he  is  equal  in  being  with  the- 
Father  and  the  Son ;  that  he  convinces  the  world  of  sin,  of  righteousness,, 
and  of  judgment ;  that  he  comforts  the  faitiiful  and  guitles  them  into  all 
truth. 

ARTICLE  Y. 

OF   THE   HOLY   SCRIPTURES. 

AVe  believe  that  the  Holy  Bible,  Old  and  New  Testaments,  is  the  word 
of  God ;  that  it  reveals  the  only  true  way  to  our  salvation ;  that  every 
true  Christian  is  bound  to  acknowledge  and  receive  it  by  the  help  of  the 
spirit  of  God  as  the  only  rule  and  guide  in  faith  and  practice. 

ARTICLE  A^I. 

OF   THE    CHURCH. 

AVe  believe  in  a  holy  Christian  Church  composed  of  true  believers,  in 
which  the  word  of  God  is  preached  by  men  divinelj'  called,  and  the  or- 
dinances are  duly  administered ;  that  this  divine  institution  is  for  the 
maintenance  of  worship,  for  tlic  edification  of  believers,  and  the  conver- 
sion of  the  world  to  Christ. 

ARTICLE  VII. 

OF    THE    SACRAMEXTS. 

AVe  Ix'licvc  that  tlie  sacnniicnts,  baptism  and  the  Lord's  Sup])er,  are  to  be 
used  in  the  Church,  and  should  be  jmicticed  l)y  all  Cliristians;  l)ut  the 
mode  of  baptism  and  the  manner  of  ol)serving  the  Lord's  Supper  are 
always  to  be  left  to  the  judgment  ami  iimlerstanding  of  each  individual. 
Also,  the  l)aptism  of  children  shall  be  left  to  the  judgment  of  believing 
I)arents. 

The  ^'.'vn»j)/^' of  the  wasliiiig  of  feet  is  to  1)(' left  to  tlic  judgmer.t  of  cat'li 
one,  to  i>ractice  or  not. 

ARTICLK  VIII. 

OF    DFI'KAVITV. 

A\'c  belie ;\('  tl Kit  iiiaii  is  I'nlli'ii  iVoiih iiiLiinal  iiLilitconsncss, and  apart  fi'oiu 
tlu'  grace  of  our  Lord  Jesus  Ciirist,  is  not  only  entirely  destitute  of  holi- 
ness, l>ut  is  inclined  to  evil,  antl  only  evil,  and  that  continually;  and  that 
except  a  man  lie  liorn  again  he  cannot  see  the  kingdom  of  ln'avi'n. 


15    ■ 
ARTICLE  IX. 

OF   JUSTIFICATION. 

We  believe  that  iJenitent  sinners  are  justified  before  God,  only  by  faith 
in  our  Lord  Jesus  Christ,  and  not  by  works;  yet  that  good  works  in 
Christ  are  acceptable  to  God,  and  sirring  out  of  a  true  and  living  faith. 

ARTICLE  X. 

OF   REGENERATION    AND    ADOPTION. 

We  believe  that  regeneration  is  the  renewal  of  the  heart  of  man  after 
the  image  of  God  through  the  word,  by  the  act  of  the  Holy  Ghost,  by 
which  the  believer  receives  the  spirit  of  adoption  and  is  enabled  to  serve 
God  with  tlie  will  and  the  aflections. 

ARTICLE  XL 

OF   SANCTIFICATION. 

We  believe  tliat  sanctification  is  the  work  of  God's  grace,  through  the 
word  and  the  Spirit,  by  which  those  who  have  l)een  born  again  are  separated 
in  their  acts,  words,  and  thoughts  from  sin,  and  are  enabled  to  live  unto 
CtocI,  and  to  follow  lioliness,  without  which  no  man  shall  see  the  Lord. 

ARTICLE  XII. 

OF    THE   CHRISTIAN    SABBATH. 

We  believe  tliat  the  Christian  Sabbath  is  divinely  appointed ;  that  it  is 
commemorative  of  our  Lord's  resurrection  from  the  grave,  and  is  an  em- 
blem of  our  eternal  rest ;  that  it  is  essential  to  the  welfare  of  the  civil  com- 
munity, and  to  the  permanence  and  growth  of  the  Christian  church,  and 
that  it  should  be  reverently  observed  as  a  day  of  holy  rest  and  of  social 

and  public  worshij). 

ARTICLE  XIII. 

OF    THE    FUTURE    STATE. 

We  believe  in  the  resurrection  of  the  dead  ;  the  future  general  judg- 
ment; and  an  eternal  state  of  rewards  in  which  the  righteous  dwell  in 
endless  life,  and  tlie  Avicked  in  endless  punishment. 


A:\rEXDED  CONSTITUTION. 

In  the  name  of  God,  we,  the  members  of  the  Church  of  the  United 
Brethren  in  Christ,  for  the  work  of  the  ministry,  for  the  edifying  of  the 
body  of  Christ,  for  the  more  speedv  and  effectual  spread  of  the  Gospel 


16 

and  in  order  to  produce  and  secure  uniformity  in  faith  and  practice,  to 
define  tlie  powers  and  Inisiness  of  the  (ieneral  Conference  as  recognized 
h\  this  Church,  and  to  preserve  inviolate  the  jujpular  will  of  the  mem- 
bership of  the  Church,  do  ordain  this  Constitution: — 

ARTICLE   I. 

Sec.  1.  All  ecclesiastical  i)ower  herein  granted,  to  enact  or  repeal  any 
rule  or  rules  of  discipline,  is  vested  in  a  general  conference,  wliich  shall 
consist  of  elders  and  laymen  elected  in  each  annual  conference  district 
throughout  the  Church.  The  number  and  ratio  of  elders  and  laymen, 
and  the  mode  of  tiieir  election,  shall  ])e  determined  by  the  General 
Conference. 

PmvklM,  however,  that  such  elders  shall  have  stood  as  elders  in  the 
conferences  wliich  they  are  to  represent  for  no  less  time  than  three  years 
next  preceding  the  meeting  of  the  General  Conference  to  which  they  are 
elected ;  and  that  such  laymen  shall  be  not  less  than  twenty-five  years 
of  age,  and  shall  have  been  members  of  the  Church  six  years,  and  mem- 
bers in  the  conference  districts  which  they  are  to  represent  at  least  three 
years  next  preceding  the  meeting  of  the  General  Conference  to  which 
they  are  elected. 

.Sec.  2.  The  General  Conference  shall  convene  every  four  years,  and  a 
majority  of  the  whole  numl)er  of  delegates  elected  shall  constitute  a 
(|uoruiii. 

.Sec.  ;>.  The  ministerial  and  lay  delegates  shall  deliberate  and  vote 
together  as  one  body ;  but  the  General  Conference  shall  have  power  to 
provide  for  a  vote  by  separate  orders  whenever  it  deems  it  best  to  do  so; 
and  in  sncli  cases  the  concurrent  vote  of  ])oth  orders  shall  be  necessary  to 
complete  an  action. 

.Sec.  4.  The  General  Ctmference  shall,  at  each  session,  elect  bishops 
from  among  the  eMers  throughout  the  Cliuicli  who  have  stood  six  years 
in  that  capacity. 

Sec.  5.  The  bishops  shall  be  members  c.f  o//inV)  and  presiding  officers 
of  the  General  C'onference;  l)ut  in  case  no  l)ishop  be  pre.sent,  the  confer- 
ence shall  choose  a  i)resident  pro  temjmir. 

Sec.  G.  The  General  Conference  sliall  determine  tlu>  number  and 
boundaries  of  the  annual  conferences. 

Sec.  7.  The  Cieneral  Conference  shall  have  jMjwer  to  review  the  rec- 
ords of  the  annual  conferences,  and  sei-  that  the  business  of  each  annual 
conference  is  done  strictly  in  accordance  with  the  nisciplinc,  and  approve 
or  annul,  as  the  case  may  require. 

•Sec.  cS.     The  (ienerii!  Conference  siiall  Ikix'c  full  control  of  The  I'nited 


17 

Brethren  Printing  Establishment,  The  Home,  Frontier,  and  Foreign 
Blissionary  Society,  The  Church-Erection  Society,  The  General  Sabbath- 
Sciiool  Board,  The  Board  of  Education,  and  Union  Biblical  Seminary. 
It  shall  also  have  power  to  establish  and  manage  any  other  organization 
or  institution  within  the  Church  which  it  may  deem  helpful  in  the  work 
of  e\'angelization. 

Sec.  9.  The  General  Conference  shall  have  power  to  establish  a  court 
of  appeals. 

Sec.  10.  The  General  Conference  may — two-thirds  of  the  members 
elected  thereto  concurring — jjropose  changes  in,  or  additions  to,  the  Con- 
fession of  Faith;  p;'0(;/(if(7,  that  the  concurrence  of  three-fourths  of  the 
annual  conferences  shall  be  necessary  to  their  final  i-atitication. 

ARTICLE  TI. 

The  General  Conference  shall  have  power,  as  provided  in  Article  I., 
Section  1,  of  this  Constitution,  to  make  rules  and  regulations  for  the 
Church  ;  nevertheless,  it  shall  be  subject  to  the  following  limitations  and 
restrictions : — 

Sec.  1.  The  General  Conference  shall  enact  no  rule  or  ordinance 
which  will  change  or  destroy  the  Confession  of  Faith ;  and  shall  estab- 
lish no  standard  of  doctrine  contrary  to  the  Confession  of  Faith. 

Sec.  2.  The  General  Conference  shall  enact  no  rule  which  will  destroy 
the  itinerant  plan. 

Sec.  3.  The  General  Conference  shall  enact  no  rule  which  will  deprive 
local  preachers  of  their  votes  in  the  annual  conferences  to  which  they  sev- 
erally belong. 

Sec.  4.  The  General  Conference  shall  enact  no  rule  which  will  abolish 
the  right  of  appeal. 

ARTICLE  III. 

Sec.  1.  We  declare  that  all  secret  ci;)mbinations  which  infringe  upon 
the  rights  of  those  outside  their  organization,  and  whose  principles  and 
practices  are  injurious  to  the' Christian  character  of  their  members,  are 
contrai'y  to  the  Word  of  God,  and  that  Christians  ought  to  have  no  con- 
nection w'ith  them. 

The  General  Conference  shall  have  power  to  enact  such  rules  of  disci- 
pline with  respect  to  such  combinations  as  in  its  judgment  it  may  deem 
proper. 

See.  2.  We  declare  that  human  slavery  is  a  violation  of  human  rights, 
and  I'ontrary  to  the  word  of  God.  It  shall  therefore  in  no  wise  be  tole- 
rated amouii'  us. 


18 

ARTICLE  IV. 

The  rijiht,  title,  interest,  and  claim  of  all  jnoperty,  both  real  and  i)er- 
sonal,  of  whatever  name  or  description,  obtained  by  purchase  or  other- 
wise, by  any  jierson  or  persons,  for  the  nse,  benefit,  and  behoof  of  the 
Churcli  lit'  the  Ignited  Brethren  in  Christ,  are  hereby  fully  recognized, 
ami  held  to  vt-st  in  the  Cliurch  aforesaid. 

ARTICLE  V. 

Sec.  1.  Amendments  to  this  Constitution  may  ])e  proposed  l)y  any 
General  Conference, — two-thirds  of  tlie  mem])ers  elected  thereto  concur- 
ring,— which  amendments  shall  be  submitted  to  a  vote  of  the  meml)ership 
throughout  the  Church,  under  regidations  authorized  by  said  Conference. 

A  majority  of  all  the  votes  cast  ui)on  any  su})mitted  amendment  shall 
be  necessary  to  its  final  ratification. 

8ec.  2.  The  foregoing  amended  Constitution  shall  be  in  force  from  and 
after  the  first  Monday  after  the  second  Thursday  of  May,  1S89,  upon 
official  i)roclamation  thereof  by  the  Board  of  Bishoi)s;  ■prorided,  that  the 
General  Cijuference  elected  for  1889  shall  be  the  lawful  legislative  body 
under  the  amended  Constitution,  with  full  i)ower,  until  its  final  adjourn- 
ment, to  enact  such  rules  as  this  amended  Constitution  authorizes. 

I  further  tiiul  tliat  the  Chureli  Coiiiniissu)ii  established  a 
])laii  of  subinij^sion  of  the  proposed  revised  Confession  and 
amended  Constitution  to  a  vote  of  the  members  of  the 
Church,  in  which  it  was  pi'ovided, 

First.  Tliat  the  Confession  of  Faith  as  a  wliole  should 
be  submitted  to  a  vote  of  the  Church,  those  favoring  its 
adoption  to  have  written  or  printed  upon  their  ballots  the 
words,  "  Confession  of  Faith,  Yes";  those  opposed  to  its 
ado[ition  to  have  written  or  printed  upon  their  ballots  the 
words,  "Confession  of  Faith,  No," 

Second.  That  the  amended  Constitution  as  a  whole 
should  be  submitted  to  a  vote  of  the  Church  members, 
with  the  following  exceptions:  Article  I.,  in  so  far  as  it 
related  to  lay  delegation  in  the  General  C-onference,  to  be 
voted  ii[tou  se})arately;  those  favoring  its  adoption  to  have 


19 

written  or  printed  on  their  ballots  the  words,  "Lay  Dele- 
gation, Yes";  those  opposed,  the  words,  "Lay  Delegation^ 
No";  also,  Section  1  of  Article  IIL  to  be  submitted  sepa- 
rately, those  favoring  its  adoption  to  have  written  or 
printed  upon  their  ballots  the  words,  "  Section  on  Secret 
Combinations,  Yes";  those  opposed,  the  words,  "  Section 
on  Secret  Combinations,  iS^o";  those  favoring  the  adop- 
tion of  the  remainder  of  the  Constitution  to  have  written 
or  printed  on  their  ballots  the  words,  "  Amended  Consti- 
tution, Yes";  those  opposed,  the  words,  "  Amended  Con- 
stitution, No."  It  was  further  provided  that  the  vote 
should  be  taken  during  the  month  of  November,  1888,  and 
that  the  pnblishing  agent  at  Dayton,  Ohio,  should  furnish 
eacli  presiding  elder,  three  months  before  the  time  of  vot- 
ing, the  necessary  number  of  tickets  and  return  blanks;  the 
presiding  elder  to  distribute  them  to  the  pastors  in  liis 
district,  and  the  pastors  to  disti'ibute  them  in  proper  cpum- 
tities  to  their  several  societies  at  least  ten  days'  before  the 
time  of  voting.  The  [)astor,  leaders,  and  stewards  of  each 
society  were  constituted  a  Local  Board  of  Tellers,  and  it 
was  made  their  duty  on  the  day  of  voting  to  enroll  the 
names  of  all  who  voted,  and  to  receive  no  votes  except 
those  presented  in  })ei'son  by  the  members  on  the  day  fixed 
for  voting  by  the  Local  Board  of  Tellers,  except  that  where 
a  member  was  incapacitated  by  age  or  sickness  to  attend^ 
or  a  minister  be  absent  on  his  charge,  such  persons  were 
permitted  to  send  their  ballots,  with  their  names  signed  on 
the  back  thereof.  Tlie  list  of  voters  was  required  to  be 
preserved  for  one  year,  and  it  was  made  the  duty  of  each 
Local  Board  of  Tellers  immediately  to  make  a  full  report 


20 

of  the  vote  taken,  on  a  blank  provided  for  this  purpose,  to 
its  Annual  Conference  Board  of  Tellers,  who  were  to  be 
elected  bj  each  Annual  Conference  at  the  session  next 
preceding  the  time  of  voting;  and  these  Annual  Conference 
Boards  of  Tellers  were  required  to  receive  the  returns  from 
the  Local  Boards  of  Tellers  in  the  bounds  of  the  Confer- 
ence, and  to  count  and  transmit  a  full  and  accurate  report 
of  the  same,  on  blanks  provided,  to  the  General  Board  of 
Tellers  on  or  before  January  1,  1889.  Provision  was  also 
made  in  cases  where  tlie  presiding  elders  or  Annual  Con- 
ferences neglected  or  refused  to  compl\'  with  instructions. 
A  General  Board  of  Tellers,  consisting  of  seven  persons, 
was  constituted  at  Dayton,  Ohio,  whose  duty  it  was  to 
receive  the  reports  from  the  Annual  Conference  Boards  of 
Tellers,  and  to  count  and  make  a  full  and  accurate  report 
of  the  same  to  tlie  Board  of  Bishops  not  later  than  the 
15th  day  of  January,  1889.  The  Board  of  Bishops  were 
directed  to  prepare  a  letter  addressed  to  the  Church  on  the 
work  of  the  Commission,  to  be  published  through  the 
Religious  T'elescope — the  official  organ  of  the  Church — and 
otherwise,  which  was  done  in  Januarj-,  188G,  and  the 
Bishops'  Address,  accompanied  by  the  Commission  Act, 
Plan  of  Submission,  and  pro[)Osed  Confession  and  Consti- 
tution, were  distributed  generally  throughout  the  Church 
immediately  thereafter. 

I  further  find  that  during  the  month  of  Xovember,  1888, 
the  vote  was  taken  in  all  res[)ects  as  provided  for  in  said 
I'lan  of  Submission,  and  Hint  the  votes  were  counted  and 
canvassed  by  the  several  Boards  of  Tellers,  as  therein  }iro- 
vided,  and  the  result  of  the  vote  was  dcclai'ed  bv  the  Gen- 


21 

eral  Board  of  Tellers  on  the  15th  day  of  January,  1889^ 
and  said  result  was  published  in  the  Religious  Telescope 
on  the  23d  day  of  Januar}^,  1889;  said  result  being  declared 
to  be  as  follows: — 

For  the  Confession  of  Faith 51,070 

Against  the  Confession  of  Faith .">,olO 

For  the  Amended  Constitution 50,685 

Against  the  Amended  Constitution 3,059 

For  Lay  Delegation 48,825 

Against  Lay  Delegation 5,034 

For  Section  on  Secret  Combinations 46,994 

Against  Section  on  Secret  Combinations 7,298 

That  the  total  number  of  votes  cast  for  and 
against  the  several  propositions  was 54,309 

I  further  find  that  the  enrolled  membership  of  the  Church 
in  1888  was  204,517,  said  enrollment  being  made  by  the 
preachers  of  the  Church  under  a  disciplinary  law,  and 
that  at  the  election,  held  in  l^ovember,  1888, 
throughout  the  Church  for  delegates  to  the  General  Con- 
ference of  1889,  at  which  election  all  the  members' of  the 
Church,  without  regard  to  age  or  sex,  were  entitled  to  vote, 
the  total  number  of  votes  cast  was  58,839. 

I  further  lind  that  the  proclamation  of  the  vote  as  above 
stated  was  agreed  upon  and  signed  at  Chambersburg,  Penn- 
sylvania, May  6th,  1889,  by  all  the  bishops  of  the  Church 
except  one,  who  was  present  but  declined  to  sign;  and  that 
the  same  was  published  in  the  official  organs  of  the 
Church,  as  required  in  the  plan  of  submission  adopted  by 
the  Geueral  Conference. 

I  further  find  that  a  General  Conference  of  the 
Church,    composed     of    delegates     duly    and     regularly 


22 

elected  uiuler  the  hiws,  rules,  and  regulations  ot  the 
Cliurch,  met  at  the  York  Opera  House,  in  York,  Penn- 
sylvania, on  Thni-sday,  May  9th,  1889;  that  on  the 
second  day  of  the  Conference,  the  Chui'ch  Commission, 
which  had  heen  established  by  the  Ceneral  Conference 
of  1885,  as  above  found,  submitted  to  the  Conference  a 
report  of  the  work  done  by  it  in  connection  with  the 
amended  Constitution  and  revised  Confession  of  Faith, 
embodying  in  said  report  the  said  Constitution  and 
Confession  of  Faith,  the  phm  of  submission,  and  the 
action  and  vote  of  the  members  of  the  Church  u[)on 
the  several  prt)p()sitions  submitted  as  above  found.  This 
report  was  referred  to  a  special  committee  of  seven, 
with  insti-uctions  to  report  to  the  Conference  whether 
tiie  Commission  had  acted  in  compliance  with  the  in- 
structions of  the  General  Conference,  and  whether  the 
vote  had  been  orderly  and  regular  ;  and  also  to  recom- 
mend to  the  Conference  such  action  as  might  bo 
deem«d  proper  to  be  taken  in  the  premises.  Five 
members  of  this  committee,  on  Saturday,  Ma}'  11th, 
1889,  submitted  to  the  Conference  a  report  commending 
and  approving  the  work  of  the  Commission,  and  rec- 
ommending the  adoi)ti()n   of   the  following  resolutions: — 

Rcsolrcd,  By  tlic  (u'lu-ral  Conlfrciice  of  ihv  Clmicli  >>(  tlic  rnitt'd 
]'>rethn'ii  in  C'lirist,  in  qnadivnnial  session  asseuiblcHl  in  the  city  of  Yorlv, 
Pennsylvania,  JMay  9,  l.SS!),  that  the  reconleil  i)r()t'i'e(lings  of  the  Connnis- 
sion,  inclndiii','  tiic  revised  Confession  of  Faith  and  amended  Constitution, 
as  fornndated  and  sul)niitt('<l  to  the  vote  of  the  Churcii,  tojrether  with  tiie 
methods  of  suhnussion  and  all  utlici-  acts  hy  which  the  will  of  the 
Church  was  ascertained  thereon  arc  lu  rcliy  approvetland  conlirmeil. 

2.  That  ])ecausc  of  the  truth  that  the  revised  Confession  of  Faith  and 
amended   Constitution    as  a   whole,  and    all    the  s(>))arate   pro])ositions 


23 

thereof,  submitted  to  the  meinber.ship  of  our  Chureli,  have  l)een  adopted 
by  more  than  the  required  two-thirds  of  all  the  votes  cast  thereon,  as 
required  by  the  General  Conference  of  1885,  it  is  hereby  declared  and 
published  by  this  Conference,  and  for  itself,  that  the  said  revised  Con- 
fession of  Faith  aiid  amended  Constitution,  as  framed  and  submitted  by 
the  lawfully  constituted  Commission  of  the  Church,  are  become  the 
fundamental  belief  and  organic  law  of  the  Church  of  the  United 
Brethren  in  Christ,  and  will  Ije  in  full  force  and  effect  on  and  after  the 
13th  day  of  May,  A.  D.  188!),  upon  tlie  proclamation  of  the  bishops  as 
provide<l  and  onlered  in  said  amended  Constitution. 

A  minority  re[)ort,  signed  by  two  members  of  the  com- 
mittee, was  also  submitted  to  the  Conference,  reciting-  that 
the  course  of  the  Church  Commission  liad  been  irregular 
in  certain  particulars  therein  specitied,  and  suggesting  that 
the  General  Conference  submit  such  amendments  of  the 
Constitution  to  the  vote  of  the  people  as  it  might  deem 
wise  and  prudent,  which  should  be  regarded  as  a  petition 
for  such  proposed  changes.  The  report  of  the  majority  of 
the  committee  was  ado[)ted  upon  a  roll  call  by  a  vote  of 
110  for  to  20  against  it. 

I  further  find  that  on  the  13tli  day  of  M;iy,  1889, 
there  was  published  in  the  Religious  telescope  the  proc- 
lamation of  the  Board  of  Bishops  signed  by  J.  Weaver, 
J.  Dickson,  N.  Castle,  E.  B.  Kephart,  and  D.  K.  Flick- 
inger,  duly  qualified  and  acting  bishops  of  the  Chui-ch, 
publishing  and  proclaiming  the  result  of  the  vote  of 
the  Church,  in  accord  with  the  provisions  of  the 
General  Conference  of  1885,  said  result  being  as  above 
found  and  set  forth;  and  announcing  further  that  the 
result  o  said  vote  being  the  required  two-thirds, 
they  did  thereb}'  publish  and  proclaim  the  document 
thus   voted    to  be    the    Confession  of  Faith    and    Consti- 


24 

tution  of  the  Church  of  the  United  Brethren  in  Christ, 
and  stating  further  that  "  We  hereby  pass  from  under 
the  old,  and  legislate    under   the   amended  Constitution." 

I  further  lind  that  the  regular  publication  day  of  the  Re- 
ligious Telescope  would  have  occurred  on  the  loth  day  of 
May,  1889,  but  that  said  paper  was  published  for  that  week 
on  the  13th  of  May. 

1  further  find  that  the  proclamation  of  the  Board  of 
Bishops  was  read  in  the  General  Conference  of  the  Church 
on  said  13th  day  of  May,  1889. 

I  further  lind  that  on  Monday,  May  13th,  1889,  after  the 
proclamation  of  the  Board  of  Bishops  had  been  read  to 
the  General  Conference,  fifteen  of  the  twenty  members 
who  had  voted  against  the  adoption  of  the  report  of  the 
committee  as  above  found,  and  who  had,  u[)  to  this 
time,  been  participating  in  the  deliberations  of  the  body, 
withdrew  from  the  York  Opera  House,  where  the  General 
Conference  was  then  being  held,  and  met  in  a  body  at  the 
Park  Opera  House  in  said  city  of  York,  and  after  organ- 
izing, adopted  a  paper,  which  stated,  in  substance,  that  in- 
asmuch as  one  hundred  and  ten  of  the  delegates  and  mem- 
bers of  the  General  Conference  did,  on  INIay  11th,  1889, 
vote  to  adopt  a  new  Constitution  and  Confession  of  Faith, 
and  did,  on  the  13th  day  of  May,  1889,  through  the  pre- 
siding bishop  declare  the  same  in  force,  thereby  forming  a 
new  Church,  therefore  they  were  declared  to  have  thereby 
vacated  their  seats  as  members  of  the  General  Conference 
of  the  Church  of  the  United  Brethren  in  Christ.  Daily 
sessions  of  this  body  were  held  until  the  following  Satur- 
day, when  it  adjourned  sine  die.     It  transacted   business 


25 

pertaining  to  the  aftairs  of  the  Church,  claimed  to  be  the 
true  General  Conference  of  the  Church,  and  declared  its 
adherence  to  the  old  Constitution  and  Confession  of  Faith, 
The  persons  composing  it,  and  those  acting  with  them, 
have  since  been  known  and  designated  as  "Radicals." 

I  further  find  that  after  the  withdrawal  of  these  mem- 
bers, as  above  found,  the  Conference  which  had  been  in 
session  at  the  York  Opera  House  continued  its  sessions 
each  day  until  Tuesday,  May  21st,  when  it  adjourned  sine 
die;  that  it  adopted  a  resolution  reciting  that,  whereas, 
certain  delegates — naming  them — had  actively  participated 
in  the  proceedings  of  that  body  from  its  organization  to 
the  close  of  its  third  day's  session,  and  had  tlien  vacated 
their  seats  and  joined  in  the  formation  of  another  church 
organization,  outside  and  separate  and  apart  from  the  place 
properly  and  officiall}'  occupied  by  the  lawfully  elected  Gen- 
eral Conference  of  the  Church,  therefore  resolved,  that  the 
aforesaid  persons  w-ere  declared  as  having  irregularly  with- 
drawn from  that  bod}^  and  the  Church,  and  were,  in  view 
of  these  facts,  no  longer  ministers  or  members  of  the 
Church  of  the  United  Brethren  in  Christ.  It  also  adopted 
certain  rules  concerning  insubordination  of  members  of 
the  Church,  and  transacted  other  business  pertaining  to 
the  Church.  This  body,  and  those  acting  with  it,  have 
since  been  knowni  and  designated  as  "Liberals." 

I  further  lind  that  there  were  presented  to  the  General 
Conference  of  1889  petitions  from  forty-one  conferences  of 
the  Church,  the  names  thereto  aggregating  16,282,  asking 
the  General  Conference  not  to  make  any  change  in  the 
Constitution  and  Confession  of  Faith;  that  said  petitions 


26 

liad  been  in  circulation  about  tliree  years,  and  at  the  time 
thej  were  presented  to  the  General  Conference  they  con- 
tained the  names  of  some  persons  who  were  not  members 
of  the  Church  in  good  standing,  and  the  names  of  persons 
wlio  voted  for  the  amended  Constitution  and  revised  Con- 
fession of  Faith, 

I  furtiiei-  find  that  those  designated  as  "Radicals"  have, 
since  the  General  Conference  of  1889,  adhered  to  the  old 
Constitution  and  Confession  of  Faith,  and  rejected  the 
amended  Constitution  and  revised  Confession  of  Faith;  that 
those  known  and  designated  as  "Liberals"  accept  the  revised 
Confession  of  Faith  and  amended  Constitution,  and  have 
been,  since  that  time,  acting  thereunder  and  in  conformity 
therewith. 

I  furthoi-  find  that  since  the  General  Conference  of  1889, 
the  doctrines  and  beliefs  of  the  Church,  preached  from  the 
pulpits  and  taught  in  the  Sunday-schools  of  the  Church  b}^ 
both  "Liberals"  and  "Radicals,"  have  not  been  ditlerent  in 
any  respect  from  the  doctrine  preached  or  taught  before 
said  Conference  was  held. 

That  the  amended  Constitution  and  revised  Confession 
of  Faith  have  been  lawfully  adopted  by  the  General  Confer- 
ence of  the  (Jliui-(;h,  and  by  the  requisite  number  of  mem- 
bers of  tiie  Church,  in  good  faith,  and  that  they  constitute 
the  true  Constitution  and  Confession  of  Faith  of  the  Church 
of  the  United  Brethren  in  Christ. 

That  the  new,  or  revised,  Confession  of  Faith  is  not  un- 
Rcriptural  or  antagonistic  to  the  doctrines,  creed,  faith  or 
belief  of  I  he  Church  which  existed  at  the  time  of  the  exe- 
cution of  the  deed  to  tlie  land  in   controversy,  and  since 


27 

that  time  have  existed;  and  that  there  is  no  substantial  or 
essential  ditierence  between  the  old  Confession  of  Faith  and 
the  new  or  revised  Confession  of  Faith. 

I  further  find  that  the  plaintiffs  in  this  ease  have  been 
duly  elected  trustees  in  all  respects  as  required  by  the 
rules  and  regulations  of  the  Church,  and  that  they  and 
each  of  them  accept  the  amended  Constitution  and  revised 
Confession  of  Faith,  and  claim  to  be  acting  tiiereunder  and 
in  harmony  therewith. 

That  the  defendants  have  been  duly  elected  trustees  in 
all  respects  in  conformity  to  the  rules  and  nsages  of  the 
Church,  but  that  they  adhere  to  the  old  Constitution  and. 
Confession  of  Faith,  and  reject  the  amended  Constitution 
and  revised  Confession  of  Faith;  and  that  when  this  suit 
was  brought,  they  were  in  possession  of  the  property  in 
controversy,  and  were  denying  the  plaintifis'  right  to  the 
possession  thereof  or  the  use  of  the  same,  and  were  exclud- 
ing the  plaintifis  from  the  possession  and  use  thereof. 

Upon  the  facts  above  found,  I  state  the  following  as  my 
conclusions  of  law:  I  conclude  that  the  law  is  with  the 
plaintiffs,  and  I  find. for  the  plaintifis. 


Remark. — The  case  at  Richmond  was  first  argued  on  demurrer  in  No- 
vember, 1889,  before  Judge  D.  W.  Comstock,  of  the  Wayne  Circuit  Court, 
who  heard  the  case  only  upon  the  facts  as  claimed  to  exist  by  the 
seceders  and  on  such  statement  overruled  the  demurrer.  The  plaintiffs, 
not  being  ready  for  trial  when  the  case  came  on  for  hearing,  dismissed 
the  case  without  prejudice,  and  refiled  their  petition  at  once. 

After  repeated  postponements,  the  full  trial  began  at  Richmond,  June 
23d,  1890,  before  Judge  E.  H.  Bundy,  of  the  Henry  Circuit  Court.    The 


28 

presentation  of  the  testimony  and  documentary  evidence  occupied  ten 
full  days,  and  the  arguments  three  days,  the  trial  closing  on  the  11th 
day  of  July.  The  Judge  held  the  case  under  advisement  until  December 
1st,  when,  in  the  presence  of  representatives  of  both  parties,  he  handed 
down  his  decision. 

Numerous  witnesses  on  both  sides  were  examined,  including  bishops, 
publishing  agent,  editors,  professors,  and  ministers,  and  there  were  in- 
troduced depositions  of  prominent  men  outside  the  denomination. 
The  evidence  presented  was  as  full  and  exhaustive  as  could  reasonably 
be  required,  and  the  decision  is  on  the  merits  of  the  case. 

The  plaintiffs  were  represented  by  Hon.  L.  B.  Gunckel  and  Hon.  J.  A. 
McMahon,  of  Dayton,  B.  F.  Witt,  of  Indianapolis,  and  Judge  J.  F. 
Kibbey,  of  Richmond.  The  counsel  for  the  defendants  were  Hon.  AVm. 
Lawrence,  of  Bellefontaine,  Ohio,  Geo.  R.  Young,  of  Dayton,  and  T.  J. 
Study,  of  Richmond. 


/ 


PHOTOMOUNT 
PAMPHLET  BINDER 

Man»tfadtu*td  iy 

CAYLORO  BROS.  In*. 

Syrscuta,  N.  Y. 

Stockton,  Calif. 


DATE  DUE 

A^' 

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HIGHSMrrH#^ 

t5230 

Printsd 
In  USA 

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Decision  of  Judge  Eugene  H.  Bundy  in  the 

Princeton  Theological  Seminary-Speer  Library 


•^?S" 


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